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1st Amendment 06/11/2014AMY NEAVILIN, CPA CLERK OF CIRCUIT COURT &COMPTROLLER MONROE COUNTY, FLORIDA DATE: June 25, 2014 TO: Kevin Wilson Project Mangement ATTN: Ann Riger FROM: Vitia Fernandez, D. At the June 11, 2014, Board of County Commissioner's meeting the Board granted approval and execution of the following items: Item C9 First Amendment to Contract for Professional Services with Bender & Associates Architects, P.A. for the renovation of the community meeting room at the W. Martello Tower. This is a TDC funded project. Item C 10 Contract with Currie Sowards Aguila Architects to perform a Facility Condition Assessment on the Plantation Key Courthouse to determine the viability of the structure. The replacement of the Plantation Key Jail and Courthouse are to be funded by the infrastructure sales tax. Item CI I First Amendment to Contract for Professional Services with Currie Sowards Aguila Architects for the F eman Justice Center Acoustic Renovation. Item C13 First Amendment to Agreement for Professional Services with William P. Horn Architect, P.A. for the Monroe County Redevelopment of Bernstein Park. The Redevelopment will be funded through the one cent infrastructure sales tax. Enclosed is a duplicate original of the above- mentioned for your handling. Shouldyou have any questions, please feel free to contact our office. cc: County Attorney Financ File 500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305 -295 -3130 Fax: 305- 295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305 - 289 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146 a FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES for Monroe County Redevelopment of Bernstein Park THIS FIRST AMENDMENT (herein after "AMENDMENT ") to the AGREEMENT BETWEEN OWNER AND ARCHITECT/ENGINEER ( "AGREEMENT') for the Redevelopment of Bernstein Park, entered into between MONROE COUNTY ( "COUNTY ") and WILLIAM P. HORN ARCHITECT, P.A. ( "CONSULTANT ") is made and entered into this I V h day of June, 2014, in order to amend the AGREEMENT, as follows: WITNESSETH WHEREAS, On October 16, 2013, the parties entered into an Agreement for Professional Services for the Redevelopment of Bernstein Park on Stock Island to include the raising of the field by 18" to 24 ", add new restrooms, sports fields and courts, playground equipment, walking track, storm water retention system, and removal of a dwelling unit; and WHEREAS, On April 16, 2014 the Monroe County Board of County Commissioners approved to include a community building of up to 5,000 sq.ft. to the park redevelopment design; and WHEREAS, The inclusion of a community building to the redevelopment design will significantly increase the cost and complexity of the project; now therefore IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. Article VIII Paragraph 8.2.1 (A) shall be revised to read as follows: An estimated construction cost of $4,900,000 shall be used for the Fee Guide Calculator provided by the State of Florida, Department of Management Services for Architectural and Engineering Services. Group "D" Complexity for Construction that is Average Complexity shall be used with establishes a percentage of 6.93% of the Construction Cost resulting in the Consultants fee of $339,545.00. 2. PUBLIC RECORDS "Pursuant to F.S. 119.070 1, Consultant and its sub - consultants shall comply with all public records laws of the State of Florida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in order to perform the service. 1 Redevelopment of Bernstein Park 9 (b) Provide the public with access to public records on the terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe County. 3. All other terms and conditions of this Contract shall comply with the Agreement for Professional Services dated October 16, 2013, which shall be made a part of this contract as if written herein in its entirety. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date stated above. Execution by the Architect must be by a person with authority to bind the entity. HEAVILIN, CPA 2UIT,COURT & COT Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, F ORIDA By: Mayor /Chairman () U Attest: By: Print Name: Gv1G li N Date: s 1 ARCHITECT WILLIAM P. HORN ARCHITECT, P.A. MONROE COUNTY ATTORNEY PPROVED A�CA RM: fvATlLEEVE VV. S ASSISTANT C� UNTY ATTORNEY Date STATE OF FLORIDA COUNTY OF On t� •-,— day of , 2014, before me, the undersigned notary public, personally appeared _ 14/ ► a m J� 'i1, known fo me to be the person whose name is subscribed above, or who produced hr: y 0�P- r Clp_� S E ras identification, and acknowledged that he /she is the person who executed the above Contract with Monroe County for Professional Services for the Redevelopment of Bernstein Park for the purposes therein contained. Ge�4L � ., o Vo — NOTARY PUBLIC My Commission expires: Z J o - n Redevelopment of Bernstein Park KHURSHIDA GULYAMOVA MY COMMISSION =4 Z #tFF096419 r" EXPIRES: FEB 26.2018 M) N "*1 " Bended through 1st OA CJ1 C:) ate InsufM �— ...,�c') = r*1 O r a N .g 2 Redevelopment of Bernstein Park